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Editorials are the opinion of The Gazette’s six-member editorial board. Board members discuss an array of state and local issues and collaborate on writing our views. Editorials do not influence news coverage and do not represent the views of other Gazette staff members.

Sat., August 04, 2018

Courts must protect Iowans' voting rights

The Iowa Judicial Branch building in Des Moines on Wednesday, January 15, 2014. (Stephen Mally/The Gazette)

Iowa courts have repeatedly and accurately cast the right to vote as fundamental.

State residents were reminded of this last week when the Polk County District Court temporarily barred the state from implementing portions of a new voting law.

The provisions in question — limiting access to early voting, placing new requirements on early voting, educating Iowans and county auditors about requirements, and providing discretionary disenfranchisement authority to unqualified county officials — either directly, or through improper administrative rules, placed an undue burden on Iowans attempting to access a fundamental right.

The court also determined the way in which changes were being rolled out by the Iowa secretary of state were contrary to the law, creating more confusion among potential voters and election officials.

Yet even a court order did not prevent the Secretary of State’s Office from continuing such disinformation.

A state deputy commissioner of elections told county election officials to disregard the injunction. When county auditors, including Joel Miller of Linn County, questioned the legality of violating a court order, Secretary of State Paul Pate said his election official did not know the injunction was in place, although the decision had been handed down two days earlier.

Now the Iowa Attorney General’s Office, acting on behalf of the secretary of state, is asking the Iowa Supreme Court to set aside the injunction and allow new rules to be implemented.

Justices should resist.

Under changes being made by Pate and supported by the Republican majority in the Iowa Legislature, there was no due process for Iowans denied their fundamental right to vote.